162A.820 - Termination of power of attorney or authority of agent.
162A.820 Termination of power of attorney or authority of agent.
1. A power of attorney for health care terminates when:
(a) The principal dies;
(b) The principal revokes the power of attorney;
(c) The power of attorney includes a termination date; or
(d) The principal revokes the agent’s authority or the agent dies, becomes incapacitated or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
2. An agent’s authority under a power of attorney for health care terminates when:
(a) The principal revokes the authority;
(b) The agent dies, becomes incapacitated or resigns;
(c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal, unless the power of attorney otherwise provides; or
(d) The power of attorney includes a termination date.
3. Unless the power of attorney for health care otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection 2, notwithstanding a lapse of time since the execution of the power of attorney.
4. Termination of an agent’s authority or of a power of attorney for health care is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
5. An execution of a power of attorney for health care automatically revokes any previous power of attorney to make health care decisions.
6. If a power of attorney for health care terminates while the principal is unable to make decisions concerning health care, the power of attorney for health care remains valid until the principal is again able to make such decisions.
(Added to NRS by 2009, 199)